Chapter 21.42
LIMITED USES
Sections:
21.42.020 Bed and breakfast inns.
21.42.030 Residential uses in the Tourist Business zone.
21.42.040 Active and residential uses in the Central Business District zone.
21.42.050 Manufactured/mobile home parks.
21.42.070 Eating and drinking establishments.
21.42.080 Food and grocery stores.
21.42.090 General sales, retail, or service uses.
21.42.100 Ground passenger and transit services.
21.42.110 Automotive parking facilities.
21.42.120 Long-term automotive parking facilities.
21.42.130 Light industrial uses.
21.42.150 Construction services, shops, and storage yards.
21.42.160 Residential care facilities.
21.42.170 Educational facilities.
21.42.180 Small farm direct marketing.
21.42.190 Animal lodging and training facility.
21.42.210 Duplex, attached, and multiple dwelling development in the R-4 through R-8 zones.
21.42.010 General provisions.
(1) This chapter establishes special development standards that apply to specific uses that are designated as limited uses in Chapter 21.21 WMC.
(2) The special development standards prescribed by this chapter shall be applied in conjunction with other development regulations applicable to the property.
(3) Where this chapter imposes a requirement that differs from the same development standard found elsewhere in this title, the requirement set forth in this chapter shall prevail. (Ord. 737 § 2 (Att. A), 2022)
21.42.020 Bed and breakfast inns.
Where bed and breakfast inns are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following shall apply:
(1) The number of rooms available for guests shall not exceed 24 rooms per acre;
(2) The minimum landscaping coverage on the site containing the bed and breakfast inn shall be 45 percent;
(3) The height of the building containing the bed and breakfast shall not exceed 35 feet and three stories above grade; and
(4) Incorporate a building design that fits one of the following styles:
(a) Country inn;
(b) Victorian;
(c) Woodland lodge;
(d) New England bed and breakfast; or
(e) A style approved by the Director in consultation with the Planning Commission Design Review Committee. (Ord. 737 § 2 (Att. A), 2022)
21.42.030 Residential uses in the Tourist Business zone.
Residential development shall be allowed in the Tourist Business zone only if the following conditions are satisfied:
(1) A development agreement is obtained pursuant to Chapter 21.85 WMC authorizing residential development;
(2) The residential development is integrated into the overall development in a manner that supports the vision and goals of the Tourist District Master Plan;
(3) Dwelling units on the ground floors or below grade are prohibited, except where:
(a) Specifically authorized on the ground floor by a development agreement; and
(b) No ground floor dwelling units are within 100 feet from the property lines abutting 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road, unless such dwelling units are screened from 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road by building spaces containing commercial uses; and
(c) Excluding parking facilities, the total ground floor building footprint of dwelling units and other floor areas associated with residential uses shall not exceed 50 percent of the total ground floor building footprint of all nonresidential uses; provided, that the timing of compliance with this condition may be modified by an approved development agreement;
(d) The term “ground floor” for purposes of this section means the area of any floor of any building at the ground surface elevation at the conclusion of all grading efforts around a building and may result in a single building having more than one “ground floor” due to elevation differences; and
(e) The height of a building having ground floor dwelling units shall not exceed 38 feet from the average existing grade;
(4) No direct dwelling unit entrances or exits are permitted onto 148th Avenue NE, NE 145th Street, or Woodinville-Redmond Road;
(5) Public benefits are provided of which the composition shall be agreed to in the development agreement and the City having the option to require studies to evaluate the reasonableness of the public benefit in exchange for the residential development; and
(6) For purposes of this condition, public benefits may include but are not limited to:
(a) Affordable housing units that are sold or rented at rates below market agreed to in the development agreement;
(b) Public art such as fountains, sculptures, paintings, murals, etc.;
(c) Indoor and/or outdoor public space and amenities, which are permanently reserved for use by the general public such as commons, greens, plazas, etc.;
(d) Payment of transportation and/or park impact fees above those required in Chapters 3.36 and 3.39 WMC; and/or
(e) Other types of public benefits not listed that are found to be acceptable by the City Council. (Ord. 756 § 2, 2023; Ord. 737 § 2 (Att. A), 2022)
21.42.040 Active and residential uses in the Central Business District zone.
The following apply to the CBD zone:
(1) Except as provided in subsection (3) of this section, dwelling units are not permitted on the ground floor or below in buildings fronting public streets (the term “dwelling units” should not be construed to include lobbies, foyers, rental offices, community facilities, etc.); and
(2) Active uses having an occupancy of at least 30 feet of depth, as measured from the interior side of building facades fronting public streets, are required on the street level to face onto public streets as set forth in Figure 21.42.040(1).
(3) Ground floor or below dwelling units are allowed to face onto street levels in buildings fronting public streets as follows:
(a) Where they may be authorized on ground levels pursuant to Figure 21.42.040(1);
(b) Where commercial or office uses having occupancy of at least 30 feet of depth, as measured from the interior side of building facades fronting public streets, are located between the dwelling unit and any public street; or
(c) Within the boundaries of the Old Town area as set forth in Figure 21.42.040(2); provided, that:
(i) The dwellings are specifically authorized to face onto street levels by a development agreement obtained pursuant to Chapter 21.85 WMC; and
(ii) At least 10 percent of the total dwelling units within the development are sold or rented at rates below market as agreed to in the development agreement; and
(iii) Other public benefits may be required of which the composition shall be agreed to in the development agreement and the City having the option to require studies to evaluate the reasonableness of the public benefit in exchange for the ground floor dwelling units facing onto public streets.
Figure 21.42.040(1) Map Designating Active and Residential Uses at the Street Level
Figure 21.42.040(2) Map Designating Old Town Parcels Residential Uses at the Street Level
(Ord. 767 § 1, 2024; Ord. 737 § 2 (Att. A), 2022)
21.42.050 Manufactured/mobile home parks.
The following conditions apply to the design and layout of manufactured/mobile home parks:
(1) The area of the site is at least three acres;
(2) Manufactured and mobile homes must be approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit, in accordance with the provisions of Chapter 43.22 RCW;
(3) Manufactured/mobile home parks shall not be used to locate recreational vehicles as temporary or permanent living units;
(4) The required number of spaces with utility hookups shall be based on the minimum and maximum residential densities applicable to the underlying zone;
(5) Development within the park shall be exempt from maximum building coverage requirements;
(6) One accessory carport or garage, and one garden/storage shed, may be allowed for each individual manufactured/mobile home;
(7) All manufactured and mobile homes shall be full skirted or have a foundation;
(8) Community clubhouses, recreational facilities, parking facilities, storage areas, and similar community facilities may be incorporated into the development;
(9) Internal roads shall provide access to each space and shall be constructed in accordance with the City’s adopted street standards; except the Public Works Director may authorize internal roads having a minimum width of 22 feet, provided:
(a) The roads are privately owned, and the City approves an agreement for the owner to maintain the private roads to a specified standard;
(b) Adequate pedestrian facilities such as sidewalks or trails are incorporated into the development;
(c) The reduced-size internal roads do not directly connect two or more vehicle access points into the park;
(d) Not more than 100 dwelling units are served by private roads within the park; and
(10) All building and fire code requirements are satisfied. (Ord. 737 § 2 (Att. A), 2022)
21.42.060 Golf facilities.
Where golf facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) The minimum site area of the golf course is 70 contiguous gross acres;
(2) No buildings or golf facilities shall be located within 50 feet of the outer golf course property lines where adjoining properties are zoned residential;
(3) Driving ranges must be located within an enclosed building; and
(4) Underlying zoning development standards apply, except setback requirements may be reduced or waived by the Director for property lines located inside the outer boundaries of the golf course. (Ord. 737 § 2 (Att. A), 2022)
21.42.070 Eating and drinking establishments.
Where eating and drinking establishments are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following development standards apply:
(1) Within the Neighborhood Business, Tourist Business and Tourist Industrial zones, drive-through windows for eating and drinking establishments are prohibited, except a drive-through window may be allowed as part of a detached kiosk if:
(a) The gross floor area of the kiosk does not exceed 200 square feet; and
(b) Only nonalcoholic drinks are served; and
(c) Only preprepared and prepackaged foods may be offered.
(2) Within the Central Business District zone, drive-through windows for eating and drinking establishments are prohibited in the Pedestrian Core Design District. (Ord. 737 § 2 (Att. A), 2022)
21.42.080 Food and grocery stores.
Within the Central Business District zone, food and grocery stores level 2 are prohibited within the Pedestrian Core and the Civic/Gateway Design Districts. (Ord. 737 § 2 (Att. A), 2022)
21.42.090 General sales, retail, or service uses.
Within the Central Business District zone, the following conditions apply to general sales, retail, or service uses:
(1) Within the Pedestrian Core and the Civic/Gateway Design Districts, level 2 general sales, retail, or service uses are prohibited;
(2) Within the East Frame Design District, general sales, retail, or service uses shall not exceed 150,000 square feet of indoor gross floor area within any single building;
(3) Within the Transition Design District, general sales, retail, or service uses shall not exceed 75,000 square feet each of indoor gross floor area within any single building; and
(4) Within the Old Town District (commercial properties adjoining NE Woodinville Drive/Woodinville Redmond Road and 173rd Place), general sales, retail, or service uses shall not exceed 35,000 square feet of indoor gross floor area within any single building. (Ord. 737 § 2 (Att. A), 2022)
21.42.100 Ground passenger and transit services.
Within the Central Business District zone, ground passenger and transit service uses are prohibited in the Pedestrian Core and Civic/Gateway Design Districts. (Ord. 737 § 2 (Att. A), 2022)
21.42.110 Automotive parking facilities.
Where automotive parking facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the automotive parking facility must be located wholly inside of an enclosed structure. The use of “surface parking” as defined in WMC 21.11A.170 is prohibited. This condition does not apply to “accessory parking facilities” as defined in WMC 21.11B.020. (Ord. 737 § 2 (Att. A), 2022)
21.42.120 Long-term automotive parking facilities.
Where long-term automotive parking facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the long-term automotive parking facility must be wholly located inside an enclosed structure. The use of “surface parking” as defined in WMC 21.11A.170 is prohibited. (Ord. 737 § 2 (Att. A), 2022)
21.42.130 Light industrial uses.
Where light industrial uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) Within the Central Business District and General Business zones, light industrial uses must be wholly located within enclosed buildings;
(2) Within the Central Business District zone:
(a) The total gross floor area of all rooms containing manufacturing/production activity, including associated storage, shall not exceed 10,000 square feet; and
(b) Within the Pedestrian Core Design District, light industrial uses are allowed only as accessory and incidental in support of a primary use on the site (e.g., small-scale brewing serving an on-site restaurant). (Ord. 737 § 2 (Att. A), 2022)
21.42.140 Warehousing.
Where warehousing uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, warehousing uses must be located wholly inside enclosed buildings, except areas designed for loading and unloading may be outside. (Ord. 737 § 2 (Att. A), 2022)
21.42.150 Construction services, shops, and storage yards.
Where construction service, shop, and storage yard uses are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) Buildings, parking, and storage facilities must be set back a minimum of 20 feet from property lines abutting residentially zoned properties;
(2) The overnight parking of vehicles on site having a gross vehicle weight of 14,001 pounds (Class 4) and higher is prohibited;
(3) Storage of equipment and materials is limited to those used in the construction trades; and
(4) The perimeter of all areas used for outdoor storage shall be screened with a minimum six-foot-high sight-obscuring fence and a minimum 10-foot-wide Type 1 landscaping in accordance with WMC 21.36.060. (Ord. 737 § 2 (Att. A), 2022)
21.42.160 Residential care facilities.
Where residential care facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) Within the Tourist Business zone, residential care facilities are subject to the same requirements for residential uses set forth in WMC 21.42.030.
(2) Within the Central Business District zone, residential care facilities are subject to the same requirements for residential uses set forth in WMC 21.42.040. (Ord. 737 § 2 (Att. A), 2022)
21.42.170 Educational facilities.
Where educational facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) The gross floor area of all rooms used by the educational facility cannot exceed 25,000 square feet; and
(2) All instruction shall be conducted indoors. Outdoor instruction is prohibited. (Ord. 737 § 2 (Att. A), 2022)
21.42.180 Small farm direct marketing.
Where small farm direct marketing is allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) Sales shall be limited primarily to agricultural products produced on and off site;
(2) The indoor gross floor area containing goods and products shall not exceed 1,000 square feet;
(3) The property containing the small farm direct marketing shall include the residence of the owner or operator of the farm; and
(4) Off-street parking spaces for customers shall be provided consistent with retail uses in WMC 21.37.060. (Ord. 737 § 2 (Att. A), 2022)
21.42.190 Animal lodging and training facility.
Where animal lodging and training facilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the entire roof area over riding/training arenas shall not exceed 20,000 square feet. The roof areas over facilities designed for lodging animals such as stables shall not be included in this calculation. (Ord. 737 § 2 (Att. A), 2022)
21.42.200 Primary utilities.
Where primary utilities are allowed as a limited use pursuant to the use tables in Chapter 21.21 WMC, the following conditions apply:
(1) If the use is an electrical transmission substation, a nonadministrative conditional use permit pursuant to WMC 21.84.010 is required; and
(2) Except for primary utilities qualifying as an essential public facility pursuant to Chapter 21.46 WMC, or defined elsewhere by this title, all other primary utilities are permitted uses. (Ord. 737 § 2 (Att. A), 2022)
21.42.210 Duplex, attached, and multiple dwelling development in the R-4 through R-8 zones.
The following development standards apply to duplex, attached, and multiple dwelling unit developments as applicable within the R-1, R-4, R-6, and R-8 zones containing less than five such dwelling units. Such residential developments in the R-1, R-4, R-6, and R-8 zones containing five or more such dwelling units shall follow the multifamily residential design standards in Chapter 21.35 WMC.
(1) The layout of dwelling units shall not result in residences having driveways connected directly onto arterial streets whenever practical. The Director may require roads internal to the development be provided and designed to provide access to dwellings in lieu of those dwellings gaining access onto an arterial street.
(2) A building containing a group of attached dwelling units shall not exceed a 120-foot maximum length.
(3) Buildings having a length of 100 feet or more shall be separated by at least 20 feet from other groupings or rows of townhomes.
(4) When alley access is provided to dwelling units, no additional driveway access from the public street shall be allowed except as necessary to access parking into a structured parking garage.
(5) When common parking facilities exceed 30 parking spaces, no more than 50 percent of the required parking is permitted between the street property line and any building, except when authorized by the Director due to physical site limitations.
(6) Building Design Standards.
(a) Maximum wall length without modulation is 30 feet. Walls longer than 30 feet shall incorporate horizontal modulation a minimum of every 30 feet; and have a depth of at least three feet and a modulation width of at least eight feet.
(b) The maximum roof length without variation is 30 feet. Roof lengths greater than 30 feet shall incorporate roofline variations a minimum of every 30 feet and have a horizontal or vertical offset of at least three feet and the length of the variation shall not be less than eight feet. Roofline variations shall be achieved using one or more of the following methods:
(i) Vertical offset in ridgeline;
(ii) Horizontal offset in ridgeline;
(iii) Variations of roof pitch;
(iv) Gables;
(v) Other design techniques approved by the Director that:
(A) Reduce the visual impact of large residential buildings from streets and nearby residential properties; and
(B) Enhance the aesthetic character of large residential buildings. (Ord. 737 § 2 (Att. A), 2022)